Chapter 8.10 CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING

The purpose of this chapter is to recycle or reuse debris commonly referred to as construction and demolition (C&D) debris which consists of materials generated during construction, renovation, and demolition projects in order to meet CalRecycle requirements for recycling utilizing the California Green Building Standards Code. In addition, U.S. Environmental Protection Agency (EPA), the San Francisco Bay Regional Water Quality Control Board (Regional Water Board), and the California Department of Toxic Substances Control (DTSC) require these materials be screened and assessed for polychlorinated biphenyls (PCBs) prior to demolition, renovation or construction to prevent contamination in local waterways. [Ord. 19-1461 § 2, 2019.]

8.10.020 Application fee.

All applicants subject to this chapter shall pay the building demolition permit fee and/or fees applicable to the project set forth in the master fee schedule established by the city council. The intent of this application fee is to defray the costs to the city for the program established by this chapter. Applicants for all city-owned or city-sponsored projects shall be exempt from paying an application fee. [Ord. 19-1461 § 2, 2019.]

8.10.030 Enforcement.

A. Criminal Penalties. Any person who violates any provision of this chapter, including but not limited to noncompliance with a waste management plan (WMP) or screening assessment, shall be guilty of a misdemeanor. The penalty upon conviction of such person shall be a fine as set forth in PMC 1.12.030.

B. Civil Penalties. Any person who violates any provision of this chapter, including but not limited to noncompliance with a WMP or screening assessment, shall be liable to the city for a civil penalty of $1,000 or one percent of the total cost of the project, whichever is greater.

C. Cumulative Remedies. The foregoing remedies shall be deemed nonexclusive, cumulative and in addition to any other remedy the city may have at law or in equity, including but not limited to injunctive relief to prevent violations of this chapter.

D. Withholding of Permit. Failure to submit the information required in Article II of this chapter or submittal of false information will result in enforcement under Chapter 15.72 PMC, Withholding of Permit – Code Violations, as may be amended from time to time. [Ord. 19-1461 § 2, 2019.]

8.10.040 Definitions.

In addition to the general definitions applicable to this code, whenever used in this article, the following terms have the meanings set forth below:

“Applicable structure” means buildings constructed or remodeled from January 1, 1950, to December 31, 1980. Remodeling, partial building, wood framed structure, and single-family residence demolition projects are exempt.

“Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits to undertake construction, demolition, or renovation projects within the city.

“Building” means a structure with a roof and walls standing more or less permanently in one place. Buildings are intended for human habitation or occupancy.

“Community development director” means the director of the community development department.

“Construction” means the building of any facility or structure or any portion thereof including tenant improvements to an existing facility or structure.

“Construction and demolition debris” or “C&D debris” means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure.

“Conversion rate” means the rate set forth in the standardized conversion rate table approved by the city pursuant to this chapter for use in estimating the volume or weight of materials identified in a waste management plan.

“Covered project” shall have the meaning set forth in PMC 8.10.060(A).

“Deconstruction” means the process of carefully dismantling a building or structure in order to salvage components for reuse or recycling.

“Demolition” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement (concrete, asphalt, base, etc.) or building, whether in whole or in part, whether interior or exterior.

“Diversion requirement” means the redirection from the waste stream of at least 50 percent of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an infeasibility exemption pursuant to PMC 8.10.110, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP compliance official for the project.

“Divert” means to use material for any purpose other than disposal in a landfill or transformation facility.

“DTSC” means the State of California Department of Toxic Substance Control.

“EPA” means the United States Environmental Protection Agency.

“Exempt project” shall have the meaning set forth in PMC 8.10.060(B).

“PCBs” means polychlorinated biphenyls.

“PCBs in priority building materials screening assessment” means the two-step process used to (1) determine whether the building proposed for demolition is high priority for PCBs-containing building materials based on the structure age, use, and construction; and if so (2) determine the concentrations (if any) of PCBs in priority building materials revealed through existing information or representative sampling and chemical analysis of the priority building materials in the building. Directions for this process are provided in the priority building materials screening assessment applicant package.

“Priority building materials” means the following:

1. Caulking: e.g., around windows and doors, at structure/walkway interfaces, and in expansion joints;

2. Thermal/fiberglass insulation: e.g., around HVAC systems, around heaters, around boilers, around heated transfer piping, and inside walls or crawl spaces;

3. Adhesive/mastic: e.g., below carpet and floor tiles, under roofing materials, and under flashing; and

4. Rubber window gaskets: e.g., used in lieu of caulking to seal around windows in steel-framed buildings.

“Priority building materials screening assessment applicant package” (applicant package) means a document package that includes an overview of the screening process, applicant instructions, a process flow chart, a screening assessment form, and the Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition (BASMAA 2018, prepared for the Bay Area Stormwater Management Agencies Association, August 2018).

“Project” means any activity which requires an application for a building or demolition permit, or any similar permit from the city.

“Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

“Regional Water Board” means the California Regional Water Quality Control Board, San Francisco Bay Region.

“Remodel” means to make significant finish and/or structural changes that increase utility and appeal through complete replacement and/or expansion. A removed area reflects fundamental changes that include multiple alterations. These alterations may include some or all of the following: replacement of a major component (cabinet(s), bathtub, or bathroom tile), relocation of plumbing/gas fixtures/appliances, significant structural alterations (relocating walls, and/or the addition of square footage).

“Renovation” means any change, addition, or modification in an existing structure.

“Reuse” means further or repeated use of materials in their original form.

“Salvage” means the controlled removal of construction and demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.

“Tenant improvements” means a project involving structural or other modifications of an existing property resulting in the generation of C&D debris.

“Total costs” means the total construction value of the project using standard commercial and residential valuation formulas.

“Waste management plan” means a completed WMP form, approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered project. Prior to project start, the WMP shall identify the types of C&D debris materials that will be generated for disposal and recycling. A completed WMP contains actual weight or volume of the material disposed recycled receipts.

“WMP compliance official” means the city manager, assistant city manager or his or her designee, chief building official or his or her designee or environmental affairs manager or his or her designee. [Ord. 19-1461 § 2, 2019.]

Article II. Construction and Demolition Debris Recycling

8.10.050 CalGreen requirements.

The city will apply California Green Building Standards Code (CalGreen) standards that requires a percentage by weight of job site debris generated by most types of building project types be recycled, reused, or otherwise diverted from landfill disposal. This requirement applies to demolition projects and most new construction, as well as the majority of building additions or alterations. The recycled, reused, or otherwise diverted materials and requirements will comply with adopted CalGreen standards. CalGreen requires submission of plans and reports with verifiable post-project documentation to demonstrate that at least 65 percent of the nonhazardous construction and demolition (C&D) debris generated on the job site is salvaged for reuse, recycled or otherwise diverted. [Ord. 19-1461 § 2, 2019.]

8.10.060 Threshold for covered projects.

A. Covered Projects. All construction and renovation, residential and nonresidential, projects within the city, the total costs of which are, or are projected to be, greater than or equal to $100,000, or which involve the construction of projects 2,500 square feet or larger (“covered projects”), shall comply with this subsection (A). All demolition projects regardless of value shall comply with this section. All roofing or re-roofing projects valued at $10,000 or greater or a project where 50 percent or more of the roof areas is re-roofed, or where a project requires five squares or more of roofing material regardless of permit value, shall comply with this section. For the purposes of determining whether a project meets the foregoing thresholds, all phases of a project and all related projects taking place on a single and any adjoining parcel, as determined by the WMP compliance official, shall be deemed a single project.

B. Exempt Projects. Applicants for construction and renovation projects within the city which are not covered projects (“exempt projects”) shall divert as much project-related construction and demolition debris as possible as set forth in PMC 8.06.040, Mandatory duty to recycle – Penalties. Immediate or emergency demolition required to protect the public health, safety or welfare, as determined by a public safety official or code compliance officer, shall also be considered an exempt project.

C. Building and Demolition Permits. No building, site development or demolition permit shall be issued for a covered project unless and until the WMP compliance official has approved a WMP for the project. Compliance with the provisions of this chapter shall be listed as a condition of approval on any building, site development or demolition permit issued for a covered project.

D. Projects Sponsored by the City or Successor Agency. All construction, demolition and renovation projects sponsored by the city or successor agency shall be considered covered projects for the purposes of this chapter. The project sponsor shall submit a WMP to the WMP compliance official prior to beginning any activities and shall be subject to all applicable provisions of this chapter. [Ord. 19-1461 § 2, 2019.]

8.10.070 Submission of waste management plan.

A. WMP Forms. Applicants for building, demolition, or site development permits involving any covered project shall complete and submit a waste management plan (“WMP”), on a WMP form approved by the city for this purpose as part of the application packet for the building, demolition, or site development permit. The completed WMP shall indicate all of the following:

1. The estimated volume or weight of project debris, by materials type, to be generated;

2. The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling;

3. The vendor or facility that the applicant proposes to use to collect or receive the materials; and

4. The estimated volume or weight of materials that will be landfilled.

B. Calculating Volume and Weight of Debris. In estimating the volume or weight of materials identified in the WMP, the applicant shall use the standardized conversion rates provided by the city for this purpose.

C. Acknowledgement of Responsibility. The WMP shall be signed by both the contractor and owner acknowledging (1) the consequences of not meeting the 65 percent diversion requirement including being subject to fines and (2) they are responsible for the actions and inactions of their subcontractors with regard to this diversion requirement.

D. Deconstruction. In preparing the WMP, applicants for building, demolition, or site development permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to landfilling. Materials generated in this process shall be considered divertable C&D debris and included in the amount of waste generated. [Ord. 19-1461 § 2, 2019.]

8.10.080 Franchise hauler agreement.

The city grants the right and privilege for refuse and recycling services. The city has an exclusive franchise agreement for the collection of residential and multifamily dwelling solid waste collection service and commercial and industrial solid waste collection service. All applicants and entities shall use this service unless the project size requires alternative management of moving debris materials, consistent with the franchise agreement. [Ord. 19-1461 § 2, 2019.]

8.10.090 Review of waste management plan.

A. Approval. Notwithstanding any other provision of this code, no building, demolition, or site development permits shall be issued for any covered project, nor shall any demolition, construction or renovation take place on any covered project, unless and until the WMP compliance official has approved the WMP. The WMP compliance official shall only approve a WMP if he or she first determines that all of the following conditions have been met:

1. The WMP provides all of the information set forth in PMC 8.10.070;

2. The WMP indicates that at least 65 percent of all C&D debris generated by the project shall be diverted;

3. Contractor and owner have signed the WMP.

If the WMP compliance official determines that these three conditions have been met, he or she shall mark the WMP “Approved” and return a copy of the WMP to the applicant.

B. Nonapproval. If the WMP compliance official determines that the WMP fails to (1) provide all of the info set forth in PMC 8.10.070, (2) indicate that at least 65 percent of all C&D debris generated by the project will be reused or recycled, or (3) to have both the contractor’s and owner’s signatures, he or she shall either:

1. Return the WMP to the applicant marked “Denied,” including a statement of reasons; or

2. Return the WMP to the applicant marked “Further Explanation Required.” [Ord. 19-1461 § 2, 2019.]

8.10.100 On-site management of debris.

All applicants shall maintain all construction and demolition debris and other solid waste in a visually pleasing manner. These materials shall be contained in debris boxes or other type devices. These materials shall not be piled anywhere or discarded throughout the job site. [Ord. 19-1461 § 2, 2019.]

8.10.110 Infeasibility exemption.

A. Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the WMP required under PMC 8.10.070. Increased costs to the applicant will not be a sufficient basis for an exemption unless such costs are extraordinary. The applicant shall indicate on the WMP the maximum amount of diversion he or she concludes is feasible for each material and the specific circumstances that he or she concludes make it infeasible to comply with the diversion requirement.

B. Meeting with WMP Compliance Official. The WMP compliance official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Upon request of the city, the WMP compliance official may request staff attend this meeting or may require the applicant to request a separate meeting with staff. Based on the information supplied by the applicant and, if applicable, staff and the WMP compliance official shall determine whether it is feasible for the applicant to meet the diversion requirement.

C. Granting of Exemption. If the WMP compliance official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall establish a minimum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The WMP compliance official shall return a copy of the WMP to the applicant marked “Approved for Infeasible Exemption.”

D. Denial of Exemption. If the WMP compliance official determines that it is feasible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have 30 days to resubmit a WMP form in full compliance with PMC 8.10.070. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with PMC 8.10.070, the WMP compliance official shall deny the WMP. [Ord. 19-1461 § 2, 2019.]

8.10.120 Appeal.

The applicant may appeal the denial of application for infeasibility exemption or denial of WMP decision to the city pursuant to this chapter in accordance with Chapter 1.08 PMC et seq. The matter shall be heard by a hearing officer and shall be limited to (A) the granting or denial of an infeasibility exemption or (B) a noncompliance determination. Notice of any appeal from the applicant from the ruling of the WMP compliance official must be filed with the community development director within 10 days of the date that such ruling is made. The decision of the hearing officer upon such appeal shall be final and shall not be appealable to the city council or to any other city body or official. [Ord. 19-1461 § 2, 2019.]

8.10.130 Submittal of completed waste management plan.

A. Documentation. No permit or approvals related to the project site shall be issued by the city until the applicant complies with the provisions of this section. The completed WMP must be approved prior to final occupancy.

The applicant shall submit documentation to the WMP compliance official along with a completed WMP that documents the diversion requirement for the project has been met in order to receive final occupancy approval or final demolition permits. This documentation shall include the following:

1. The completed WMP submitted for approval shall list for each construction and demolition material type generated, the actual material by weight the project generated, and receipts from both the disposal and recycling facilities and/or licensed haulers that received each material showing clearly whether the material was disposed or recycled;

2. Any additional information the applicant deems is relevant to determining its efforts to comply in good faith with this chapter.

B. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all construction and demolition debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition debris shall be weighed by measurement on scales. Such scales shall follow all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the city for this purpose.

C. Determination of Compliance and Release of Permit. The WMP compliance official shall review the information submitted under subsection (A) of this section and determine whether the applicant has complied with the diversion requirement, as follows:

1. Full Compliance. If the WMP compliance officer determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall indicate such compliance on the WMP.

2. Good Faith Effort to Comply. If the WMP compliance official determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with this chapter. In making this determination, the WMP compliance official shall consider the availability of markets for the C&D debris landfilled, the size of the project, and the documented efforts of the applicant to divert C&D debris. If the WMP compliance official determines that the applicant has made a good faith effort to comply with this chapter, he or she shall so indicate on the WMP.

3. Noncompliance. If the WMP compliance official determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required by subsection (A) of this section within the required time period, then the applicant shall be in violation of this chapter and be liable for a civil penalty, and may be subject to any other remedy provided by this chapter. No certificates of occupancy or other permits or approvals relating to the project site shall be issued by the city until the civil penalty has been paid in full. [Ord. 19-1461 § 2, 2019.]

Article III. PCBs Screening Assessment

8.10.140 Applicability.

This article applies to applicants seeking to demolish or significantly renovate buildings constructed or remodeled between January 1, 1950, to December 31, 1980. Applications for projects remodeling a portion of building, wood framed structure, or single-family residence are exempt. [Ord. 19-1461 § 2, 2019.]

8.10.150 PCBs in priority building materials screening assessment.

A. Every building permit applicant for demolition work shall conduct a PCBs in priority building materials screening assessment, a two-step process used to:

1. Determine whether the building proposed for demolition is high priority for PCBs-containing building materials based on the structure age, use, and construction (i.e., whether the building is an applicable structure); and if so

2. Demonstrate the presence or absence and concentration of PCBs in priority building materials through existing information or representative sampling and chemical analysis of the priority building materials in the building.

Applicants shall follow the directions provided in the PCBs in priority building materials screening assessment applicant package (applicant package), which includes an overview of the process, applicant instructions, a process flow chart, a screening assessment form, and the Protocol for Assessing Priority PCBs-Containing Materials before Building Demolition. Pursuant to the applicant package, for certain types of buildings built within a specified date range, the applicant must conduct further assessment to determine whether or not PCBs are present at concentrations greater than or equal to 50 ppm. This determination is made via existing data on specific product formulations (if available), or, more likely, via conducting representative sampling of the priority building materials and analyzing the samples for PCBs at a certified analytical laboratory. Any representative sampling and analysis must be conducted in accordance with the Protocol for Assessing Priority PCBs-Containing Materials before Building Demolition. The applicant package provides additional details. [Ord. 19-1461 § 2, 2019.]

8.10.160 Agency notification, abatement, and disposal for identified PCBs.

When the PCBs in priority building materials screening assessment identifies one or more priority building materials with PCBs, the applicant must comply with all related applicable federal and state laws, including potential notification of the appropriate regulatory agencies, including EPA, the Regional Water Board, and/or the DTSC. Agency contacts are provided in the applicant package. Additional sampling for and abatement of PCBs may be required.

Depending on the protocol for sampling and removing building materials containing PCBs, the applicant may need to notify or seek advance approval from EPA before building demolition. Even in circumstances where advance notification to or approval from EPA is not required before the demolition activity, the disposal of PCBs waste shall comply with the Toxic Substances Control Act (TSCA). Additionally, the disposal of PCBs waste shall comply with California Code of Regulations Title 22 § 66262. Additional information is provided in the applicant package. [Ord. 19-1461 § 2, 2019.]

8.10.170 Compliance with California and federal PCBs laws and regulations.

Applicants must comply with all federal and California laws and regulations, including but not limited to health, safety, and environmental laws and regulations, that relate to management and cleanup of any and all PCBs, including but not limited to PCBs in priority building materials, other PCBs-contaminated materials, PCBs-contaminated liquids, and PCBs waste. [Ord. 19-1461 § 2, 2019.]

8.10.180 Information submission and applicant certification.

A. The applicant shall conduct a PCBs in priority building materials screening assessment as set forth in the applicant package and submit the associated information and results as part of the building permit application for demolition, including the following (see applicant package for more details):

1. Owner and project information, including location, year building was built, description of building construction type, and anticipated demolition date.

2. Determination of whether the building proposed for demolition is high priority for PCBs-containing building materials based on the structure age, use, and construction.

3. If high priority for PCBs-containing building materials based on the structure age, use, and construction, the concentration of PCBs in each priority building material present. If PCBs concentrations are determined via representative sampling and analysis, include a contractor’s report documenting the assessment which includes the completed QA/QC checklist from the Protocol for Assessing Priority PCBs-Containing Materials before Building Demolition and the analytical laboratory reports.

4. For each priority building material present with a PCBs concentration equal to or greater than 50 ppm, the approximate amount (linear feet or square feet) of that material in the building (see applicant package for more details).

5. Applicant’s certification of the accuracy of the information submitted.

B. The community development director may specify a format or guidance for the submission of the information. [Ord. 19-1461 § 2, 2019.]

8.10.190 Recordkeeping.

Those applicants conducting a building demolition project must maintain documentation of the results of the PCBs in priority building materials screening assessment for a minimum of five years after submittal. [Ord. 19-1461 § 2, 2019.]

8.10.200 Obligation to notify the city of changes.

When a change to project conditions affects the information submitted by the applicant, the applicant shall promptly notify the community development director in writing. [Ord. 19-1461 § 2, 2019.]

8.10.210 Liability.

The applicant is responsible for safely complying with the requirements of this article. Neither the issuance of a permit under the requirements of PMC Title 15 nor the compliance with the requirements of this article or with any condition imposed by the city shall relieve the applicant from responsibility for damage to persons or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon the city of Pittsburg. [Ord. 19-1461 § 2, 2019.]

8.10.220 Projects sponsored by the city.

All demolition and renovation projects sponsored by the city shall comply with this article except the city shall not be required to obtain permits and approvals under this article for work performed within city-owned properties and areas, such as rights-of-way. [Ord. 19-1461 § 2, 2019.]